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Name Category Published
Blix Street Records Inc. v. Cassidy
Party is judicially estopped from denying contract’s enforceability where party previously asserted to court that agreement was enforceable, leading to trial dismissal. 		Civil Procedure Dec. 21, 2010
Norse v. City of Santa Cruz
Court must give party adequate notice and time to prepare for hearing before sua sponte summary judgment can be granted. 		Civil Procedure Dec. 15, 2010
Marriage of Mosley
Presumptive filing date for purposes of time limit for appeal is rebuttable with evidence that order was not accessible to public. 		Civil Procedure Dec. 13, 2010
Stasz v. Eisenberg
Plaintiff is not entitled to notice of finality of venue transfer order because she failed to challenge order by writ of mandate. 		Civil Procedure Dec. 12, 2010
Cohen v. City and County of San Francisco
Court has no jurisdiction over sanction order appeal filed more than 180 days from remand order, which is considered ‘final.’ 		Civil Procedure Dec. 12, 2010
Burton v. Cruise
Waiver of arbitration exists where party pursued litigation and failed to request arbitration until trial was set to begin. 		Civil Procedure Dec. 9, 2010
Dana Point Safe Harbor Collective v. Superior Court (City of Dana Point)
Court order compelling compliance with legislative subpoena is appealable because parties against whom judgment was rendered only needed to comply. 		Civil Procedure Dec. 9, 2010
Hoso Foods Inc. v. Columbus Club Inc.
Exclusion of essential party to arbitration proceeding is beyond arbitrator’s authority and interferes with party’s right to fair hearing. 		Civil Procedure Dec. 7, 2010
Carijano v. Occidental Petroleum Corp.
Grant of dismissal based on inconvenient forum is improper where action would be time-barred in alternative jurisdiction. 		Civil Procedure Dec. 6, 2010
Goldberg v. Pacific Indemnity Co.
Defendants are not entitled to expert witness fees and double costs under Arizona Rule of Civil Procedure 68 where state rule conflicts with federal rule. 		Civil Procedure Dec. 6, 2010
Grobeson v. City of Los Angeles
Juror’s statement that she had ‘made up her mind’ early in trial is statement of bias, justifying grant of new trial. 		Civil Procedure Dec. 2, 2010
Silver v. Pacific American Fish Co. Inc.
Court is deprived of jurisdiction over appeal of postjudgment attorney fees award when appellant filed notice of appeal before court issued its order. 		Civil Procedure Dec. 1, 2010
Ready Transportation Inc. v. AAR Manufacturing Inc.
District court has inherent power to strike improperly filed confidential settlement agreement from public docket. 		Civil Procedure Nov. 30, 2010
Coleman v. Estes Express Lines Inc.
Application for leave to appeal under Class Action Fairness Act of 2005 is granted where important unsettled question was present. 		Civil Procedure Nov. 30, 2010
Dang v. Smith
Summary judgment is properly granted where plaintiff fails to support complaint with evidence of defendant’s negligence. 		Civil Procedure Nov. 30, 2010
Golin v. Allenby
Court abuses its discretion in concluding that vexatious litigants are unlikely to prevail on merits with no legal or evidentiary basis. 		Civil Procedure Nov. 30, 2010
BBA Aviation PLC v. Superior Court (Engen)
Court improperly imputes jurisdiction over parent company without establishing that company had minimum contacts beyond investing in its subsidiary company. 		Civil Procedure Nov. 23, 2010
Hillis v. Heineman
Filing of counterclaim or third-party complaint does not waive defense of improper venue asserted in answer. 		Civil Procedure Nov. 21, 2010
Lewis v. Verizon Communications Inc.
Defendant’s concession that some class members were billed for unauthorized charges places entire billings in controversy, thereby satisfying jurisdictional amount. 		Civil Procedure Nov. 18, 2010
Abaya v. Spanish Ranch I L.P.
Court’s denial of motion to compel arbitration is proper given risk of inconsistent rulings on common issues if different forums are used. 		Civil Procedure Nov. 14, 2010
Cumbre Inc. v. State Compensation Insurance Fund
Jury instruction on doctrine of fair procedure elements is proper although it was not identical to party’s requested wording. 		Civil Procedure Nov. 9, 2010
Toyota Motor Sales U.S.A. Inc. v. Superior Court (Braun)
Court errs in allowing presence of plaintiff's counsel in adjoining room to monitor psychiatric examination where such measures were not needed. 		Civil Procedure Nov. 9, 2010
Laswell v. AG Seal Beach LLC
Denial of motion to compel arbitration based on presence of third-party defendants is improper where defendants were related to facility named in agreement. 		Civil Procedure Nov. 9, 2010
Conservatorship of Whitley
Court may not consider litigant’s nonpecuniary motives in litigation to deny attorney fees under Code of Civil Procedure Section 1021.5. 		Civil Procedure Nov. 8, 2010
Ronald P. Slates APC v. Gorabi
Attorney fees are not recoverable in litigation involving priority of judgments over debtor’s limited assets where enforcement of judgment is not involved. 		Civil Procedure Nov. 7, 2010
Ahanchian v. Xenon Pictures Inc.
Court improperly denies motion for extension to file opposition to summary judgment motion where request was reasonable and would not prejudice parties. 		Civil Procedure Nov. 3, 2010
State of Montana v. BNSF Railway Co.
Injunction may not issue under Anti-Injunction Act where state court proceeding stemmed from facts related to prior federal proceeding, but involved distinct claims. 		Civil Procedure Nov. 1, 2010
Sevidal v. Target Corp.
Class certification is not proper where there is no way to identify class members who purchased mislabeled products from company’s website. 		Civil Procedure Oct. 31, 2010
Kovacevic v. Avalon at Eagles’ Crossing Homeowners Association
Vexatious litigant subject to prefiling order precluding propria persona filings is not excused from dismissal of complaint by subsequent retention of counsel. 		Civil Procedure Oct. 26, 2010
Villacres v. ABM Industries Inc.
Court-approved settlement agreement in class action dismissed without prejudice bars subsequent action by same litigant on same issue raised in previous suit. 		Civil Procedure Oct. 24, 2010
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